CCJ obtained in 2014 by Cabot

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

Who is/was named as the Claimant on the claim form?

Who is/was named as the Claimant on the CCJ? The judgement creditor is Cabot Financial (UK) LTD

Do you have copies of both (the claim form and the CCJ) ? I have a copy of the attachments of earnings nothing else was received

If you've seen correspondence from Cabot to your friend did it state that the debt owner was Cabot Financial (UK) Ltd ? all the letter headings are from Cabot Financial

My firm is currently dealing with a number of these 'resurrected' claims (3 years later). Do be careful. How can they get away with this? What i mean is this is disputed as it was statute barred and put through the courts without the debtors knowledge

You say/imply that there is/was a Suspended Order for an AOE. Have I understood that correctly? If so what was the reason for the Suspended AOE? Or was the AOE application abandoned? I believe so as we havent heard anymore from the courts

Are Mortimer Clarke Solicitors involved? (My apologies if you have already clarified that on this thread.) No just Cabot

Di

Hi i hope ive answered the above ok please let me know if you need any more info

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

Tbh, if the CCJ is kosher, you will need to get it set aside first. Thank you I will Ive already emailed the court so ill contact them tomorrow with my intentions

Your starting point for this thread has been from the date of the CCJ & subsequent events. Its from the attachment of earnings order from the courts,

What happened leading up to it, though? Nothing Cabot said they were sending mail to another address hence why my friend was in shock to see the first letter from the courts advising him they intended to take money from his salary, so this was disputed, then i started asking Cabot to show the proof of debt and so on

Was the court claim defended? I really havent got a clue but we heard nothing back from the courts

Was the CCJ by default?

We havent got a copy of the CCJ it was never sent to my friend, He Just has the attachment of earnings

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

Was the alleged debt statute barred in August 2014 (or whatever date the court claim form was issued?).

If so, can you evidence this?

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

No sadly there is no evidence to say this but my friend cant even remember having a Vanquis account, he said if he did have one it would have been around 2003 or prior to that

[MIKE770]

Re: CCJ obtained in 2014 by Cabot

need more positive information = cannot advise in the dark?? he did / or did not very vague > if did must know if had one and used it not that long ago?

my friend cant even remember having a Vanquis account,

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

He said he would have had the card and last used it in 2003 i did mention this above sorry, i think it was such a long time ago thats why hes unsure

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

Is your friend currently working? If so, is it a low income?
Savings?

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

yes he is working approx 1,000 net take home on 45 hours with no savings

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

Are you saying that he should pay a debt bought by a DCA and then after the DCA sending mail to another address they somehow obtained a CCJ without the knowledge of the debtor on a debt that was statute barred. How has the DCA followed procedures legally,

[MIKE770]

Re: CCJ obtained in 2014 by Cabot

if a case has been dealt with and say your freind did not attend court or new nothing about a court appearance then a set aside cost £255 to apply as long as a good reason exist he would then as the other side to agree a set aside if not he would need to do the necessary paperwork and appear on the day to present his case in person as to why the case needs to be heard from the start again, questions asked mean that the peeps on here need to know the real state of chances of getting this sorted the best route,

nobody is inferring anything , so why will your freind not post on here themselves?? also if statute barred at the time that is a 100% case to get the case reviewed and thrown out, ??maybe

[MIKE770]

Re: CCJ obtained in 2014 by Cabot

How has the DCA followed procedures legally, :-


if the creditor/purchaser sent everything to an address on their books and no knowledge of a different one used then they have done nothing wrong. if the alledged debtor failed to inform say a change of address then who is to know that an alledged debtor has moved and more so a new address, CRA records get updated moreso these days if new addresses are known , but years ago not much the case.

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

yes he is working approx 1,000 net take home on 45 hours with no savings

Are you saying that he should pay a debt bought by a DCA and then after the DCA sending mail to another address they somehow obtained a CCJ without the knowledge of the debtor on a debt that was statute barred.
No, I'm not saying that. See below.
How has the DCA followed procedures legally,

Persons on benefits/low income may be exempt from court fees.
https://formfinder.hmctsformfinder.j...ex160a-eng.pdf

[cinamon baz]

Re: CCJ obtained in 2014 by Cabot

Thank you I am writing a letter to the courts as well as calling them tomorrow. My friend is not a confident person so i always try and help him even on other matters, he just goes to work comes home and shuts the door thats his life so i try to help him, he lost his young son not so long ago too so isnt really ready for reaching out as such.

- - - Updated - - -

Persons on benefits/low income may be exempt from court fees.
https://formfinder.hmctsformfinder.j...ex160a-eng.pdf

Thank you so much for your help

[charitynjw]

Re: CCJ obtained in 2014 by Cabot

Do you have his written consent to act on his behalf?
Are you (officially) a Litigation Friend (Lay Representative)?

[MIKE770]

Re: CCJ obtained in 2014 by Cabot

Set Aside Application save may come in useful if needed, do not forget the SAR as the enclosures can be very useful at times as known date i.e. default date, last payment etc etc all good to know for a set aside and dismissal regarding statute barred etc etc, do not jump to anthing on impulse with letters come on here 1st and find out if you are doing right, do not want to admit to anything at this stage, and you would need permission to act for him

as far as loosing a son is a tragedy = I know I lost a young Daughter and the situation at the time was agrevated by lose of job and O.H. leaving me and lost my house, so you see we have to get back into life, and eventually move on.. so do not fret but on here they are all pulling for you so follow suggestions do not admit anything and the courts will not get inviolved as you have to stick to proceedure as many of us found out over the years.